SRP Maintenance Agreement

File:  2200150 
Coord:  2.0E-12.0N 
 
 
SRP-City of Glendale Maintenance Agreement 
101 & Northern Ave. Commercial Center 
 
 
 
THIS MAINTENANCE AGREEMENT (“Agreement”) is made and entered into by 
and between Salt River Project Agricultural Improvement and Power District, an 
agricultural improvement district organized and existing under the laws of the 
State, (“SRP”), and the City of Glendale, an Arizona municipal corporation 
(“GLENDALE”). “Party” means GLENDALE or SRP, and “Parties” means both 
entities collectively, as governed by the context in which such word is used.  
 
RECITALS 
 
WHEREAS, Thompson Thrift is constructing the improvements (“Project”) in the 
GLENDALE public way or right-of-way;  
 
WHEREAS, SRP has certain irrigation utilities (“Pipeline”) in GLENDALE’s right-
of-way and has land rights that supersede GLENDALE’s land rights, thereby 
providing SRP with what are known as Prior Rights;  
 
WHEREAS, the Project is expected to include a roadway that will be constructed 
on top of the Pipeline; 
 
WHEREAS, the Project may create situations where SRP has to expend more 
resources to maintain the Pipeline; and  
 
WHEREAS, SRP intends to construct a new Pipeline (“New Pipeline”) outside of 
the Project boundaries upon completion of a Bureau of Reclamation (“BOR”) land 
exchange process.

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AGREEMENT 
 
NOW, THEREFORE, it is mutually understood and agreed by GLENDALE and 
SRP as follows: 
 
 
1. This Agreement only applies to the Pipeline as depicted in Exhibits A and B 
and New Pipeline, attached hereto and incorporated herein by reference, 
and a described below. 
a. 99TH Avenue and Northern Parkway. SRP Station 54+62.9 to STA 
64+00.0.  More specifically, it covers the 36” and 30“ Class III rubber 
gasket reinforced concrete pipe that will be located in roadway south of 
Northern Parkway, from SRP Station 54+62.9 Offset 52.0’ RT, to SRP 
Station 64+00.0 Offset 43.0’ RT, as shown on EXHIBITS A and B. 
2. SRP will be responsible for ownership and maintenance of the Pipeline, 
including all costs normally associated with such maintenance when the 
Pipeline crosses the intersection. 
3. To the extent that Pipeline maintenance is more costly to SRP as a result 
of the new location of the Pipeline due to the Thompson Thrift improvements 
placed on top of or near the Pipeline, GLENDALE, shall reimburse SRP for 
such approved additional maintenance costs  
4. Prior to any maintenance work performed by SRP on the Pipeline in 
GLENDALE’s right-of-way, SRP must: (a) comply with applicable 
GLENDALE requirements, (b)  notify GLENDALE in writing within 48 hours 
prior to performance of any maintenance work, and (c) satisfy GLENDALE 
access safety requirements. GLENDALE shall reimburse SRP for the actual

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costs incurred by SRP for such compliance to the extent the costs are 
increased due to Thompson Thrift improvements. 
5. The term of this Agreement shall continue for as long as SRP’s access to 
the Pipeline is restricted by the Project.  
6. The term of this Agreement will be void once the BOR land exchange 
process is completed AND the New Pipeline is constructed and in service. 
7. This Agreement is subject to cancellation pursuant to A.R.S. § 38-511. 
8. The terms and provisions of this Agreement shall inure to the benefit of and 
bind GLENDALE and SRP and their respective successors and permitted 
assigns. 
9. This Agreement shall be interpreted, governed by and construed in 
accordance with the substantive and procedural laws of the State of 
Arizona, without regard to conflicts of law principles. SRP and GLENDALE 
agree that any action, suit, or proceeding arising out of or relating to this 
Agreement shall be initiated and prosecuted in Maricopa County Superior 
Court located in Maricopa County, Arizona, and the parties irrevocably 
submit to the jurisdiction and venue of such court.   
10. Any disputes under this Agreement shall, at the request of either Party, be 
referred to a senior level manager of each of the Parties for resolution on 
an informal basis as promptly as practicable. In the event the senior level 
managers are unable to resolve the dispute within thirty (30) calendar days 
of such referral or such other period as the Parties may mutually agree, 
such dispute shall, unless otherwise mutually agreed by the Parties, be

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referred to an executive of each of the Parties for resolution. In the event 
the executives are unable to resolve the dispute within sixty (60) days of the 
original referral, either Party may pursue legal remedies in Maricopa County 
Superior Court.  However, the parties agree that prior to commencement of 
any litigation, they will submit the dispute to private mediation in Maricopa 
County, Arizona before a mutually-agreeable private mediator. 
11. This Agreement shall be effective upon the last date signed below. 
 
IN WITNESS HEREOF, each Party has caused the execution of this Agreement 
by the undersigned, who is vested with authority to bind such party to the terms 
and conditions herein.  
 
 
Salt River Project Agricultural 
Improvement and Power District, 
an Arizona agricultural 
improvement district 
 
City of Glendale 
 
 
 
 
 
Bob Pane, Director 
Water Engineering and 
Transmission 
 
Authorized Signee 
[Title] 
 
 
 
 
 
 
Date Signed 
 
Date Signed 
 
 
 
 
 
 
 
11/17/22

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EXHIBIT A 
EXHIBIT B